Feds slap down Dunkin’ Donuts

Dunkin’ Donuts, which is Pepsi to Starbucks’ Coke, has lost an early round at gaining legal protection for bragging.

The chain wanted to gain exclusive rights to use the slogan “Best Coffee in America.”

The Boston Globe reports that the Patent and Trademark Office said no, explaining that the phrase wasn’t descriptive enough.

Dunkin' Donuts. Getty Images

So the coffee wars continue. Dunkin’ should have taken Starbucks’ cue and add some vaguely European-sounding names to its slogan.

Maybe that would have worked.

“Boulevardiers prefer Dunkin’. Shouldn’t you?”

Dunkin’ is apparently considering whether to appeal the ruling. Sending a dozen glazed to the feds might not hurt.

Both Starbucks and Dunkin’ claim the best coffee in America rights.

Last fall, Starbucks noted that it had been named best coffee three years in a row in the Zagat survey.

Dunkin’, which reports that it sells 1.5 million cups of coffee a year, says this:

In 2007, AOL.com readers cited Dunkin’ Donuts as the “Best Overall” coffee. In 2008, for the second year in a row, Dunkin’ Donuts ranked number one in customer loyalty in the coffee category by the Brand Keys Customer Loyalty Engagement Index. According to the survey, Dunkin’ Donuts was the leading brand for consistently meeting or exceeding consumer expectations.